- 1 - HC-KAR NC: 2026:KHC:3372 WP No. 35435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35435 OF 2025 (GM-CPC) BETWEEN: SMT. BHARATHAMMA W/O KRISHNAPPA AGED ABOUT 64 YEARS, R/O KONDASHETTEHALLI VILLAGE, SHIVAKOTE POST, HESARAGATTA HOBLI, YELAHANKA POST, BENGALURU DISTRICT BENGALURU – 560 089 …PETITIONER (BY SRI. SHIVAKUMAR GOGI, ADVOCATE) AND: 1. SRI. THAYAPPA S/O LATE MUNISHAMAIAH, AGED ABOUT 58 YEARS, 2. SMT. GEETHA W/O THAYAPPA AGED ABOUT 45 YEARS 3. SRI HARIKRISHNA S/O THAYAPPA AGED ABOUT 19 YEARS ALL THE RESPONDENTS ARE RESIDING AT KONDASHETTIHALLI VILLAGE, SHIVAKOTE POST, HESARAGATTA HOBLI, YELAHANKA POST, BENGALURU DIST BENGALURU – 560 089 …RESPONDENTS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3372 WP No. 35435 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE TRAIL COURT TO CONSIDER OR DISPOSE OF IA NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC, SEEKING TO RESTRAINT THE RESPONDENT FROM PUTTING UP FURTHER CONSTRUCTION OVER THE SCHEDULE 'B' PROPERTY, WITH IN A TIME-BOUND PERIOD AS MAY BE FIXED BY THIS HON'BLE COURT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue a writ of mandamus or any other writ, order or directing the Hon’ble Trial Court to consider or dispose of I.A.No.1 filed under Order XXXIX Rule 1 and 2 of CPC (Annexure-M) seeking to restrain the respondent from putting up further construction over the Schedule ‘B’ property, with in a time bound period as may be fixed by this Hon’ble Court. ii) Direct the Respondents/defendants to stop all further construction activities over the Schedule ‘B’ property pending disposal of I.A.No.1 by the Hon’ble Trial Court, so as to preserve the subject matter of the suit. iii) Pass such other or direction as this Hon’ble Court may deem it, proper and necessary in the interest of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the petitioner submits that though the petitioner had filed an application for temporary injunction before the trial Court as long - 3 - HC-KAR NC: 2026:KHC:3372 WP No. 35435 of 2025 back as on 18.01.2025, the trial Court has not considered the same and has posted the matter to 27.01.2026 and as such, the present petition may be disposed of directing the trial Court to consider and pass appropriate orders on I.A.No.1 filed by the petitioner in O.S.No.96/2025 on the file of Principal Civil Judge, Bengaluru Rural District, Bengaluru, within a stipulated time frame. 3. The aforesaid submission is placed on record. 4. The trial Court before whom the suit is set to be posted on 27.01.2026, it is directed to consider and pass appropriate orders on I.A. No.1 within a period of 15 days from 27.01.2026. 5. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 21